article thumbnail

Federal Circuit Affirms Trade Secret/ Contract Damages Award But Remands for Interest Correction

IP Watchdog

formerly Texas Advanced Optoelectronic Solutions, or TAOS) in a long-running trade secret and contract dispute against Renesas Electronics America Inc. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision largely upheld damages awarded to ams-OSRAM USA Inc. formerly Intersil).

article thumbnail

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Technology & Marketing Law Blog

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve Zeidenberg and the 23andMe litigation.

Contracts 116
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 119
article thumbnail

Will Supreme Court Consider Whether to Allow an Alternative to In-App Purchasing on the App Store?

Intellectual Property Law Blog

Rather, Apple complains that “the injunction extends to millions of developers worldwide who have no affiliation with Epic or this litigation.” Apple does not challenge application of the injunction to Epic, or Epic’s subsidiaries, or it seems, to 100 or so other developers that Epic generally identified in its lawsuit against Apple.

Contracts 278
article thumbnail

Delaware Court of Chancery Patent Ownership Dispute Addresses Jurisdiction for Pharmaceutical Companies

JD Supra Law

A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex) filed a breach of contract action against Bexson Biomedical, Inc. CyDex Pharmaceuticals, Inc.

article thumbnail

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Technology & Marketing Law Blog

This outcome is consistent with other “Internet of Things” cases, such as the 23andMe litigation (and, in a sense, the ProCD v. BONUS: Additional contracts links from the past six months. Applying the Ninth Circuit’s Berman case , the court says Uber’s contract formation was a “browsewrap.” Zeidenberg case from way back when).

article thumbnail

Plagiarism and Academic Integrity in the 2022 School Year

Plagiarism Today

1: New Tools to Detect Contract Cheating. That caused many students to look to contract cheating, either locally or through online essay mills. Contract cheating is a much more complicated issue to detect and stop as one can’t simply search for the text. 3: Increased Litigation Around Academic Integrity.